Kelly disgustingly argued in his written decision that Rojano never meant to harm the girl and claimed Rojano isn’t a pedophile. Kelly also seemed to blame the 3-year-old girl for causing her own rape.

“In looking at the facts of Mr. Rojano’s case, the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case. Mr. Rojano did not seek out or stalk (the victim). He was playing video games and she wandered into the garage. He inexplicably became sexually aroused but did not appear to consciously intend to harm (the victim) when he sexually assaulted her.

…

Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child. There was no violence or callous disregard for (the victim’s) well-being.”

Shocked by the judge’s decision, prosecutors are planning to file an appeal.

Webmaster's Commentary:

I think someone needs to check out the Judge's computer for child porn!